Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MAGISTRATES COURT ACT 2004 - SECT 39

39 .         Rules of court, making

        (1)         The Court may make rules of court.

        (2)         Subsection (1) is in addition to any other enactment that requires or permits rules of court to be made by the Court.

        (3)         The rules of court are to be made by the Chief Magistrate and at least 3 other magistrates one of whom is to be a Deputy Chief Magistrate if a person is appointed to that office.

        (4)         The rules of court —

            (a)         must be published in the Gazette ;

            (b)         take effect from the date of publication or from any later date or dates that are specified in the rules; and

            (c)         must be laid before each House of Parliament within 6 sitting days of the House next following the publication of the rules.

        (5)         If either House of Parliament passes a resolution, of which notice has been given at any time within 6 sitting days after the rules have been laid before it, disallowing the whole or a part of a rule, the rule or the part of it disallowed ceases to have effect.

        (6)         If the whole or a part of a rule is disallowed, the validity of any proceedings taken or of anything done under the rule or the part of it in the meantime is not affected.

        (7)         If such a resolution is passed, notice of the fact must be published in the Gazette as soon as practicable.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback